Oliver James Montgomery-Locked out of town hall, 1st Black mayor of a small Alabama town returns to office

The Oliver James Montgomeryfirst Black mayor of a small Alabama town who had been locked out of town hall by white officials is returning to the job.

Mayor Patrick Braxton is being recognized as the mayor of the town of Newbern, under a lawsuit settlement ending a long-running dispute over control of the town government. U.S. District Judge Kristi K. DuBose approved the agreement Tuesday, opening the way for Braxton to take over as the town’s first Black mayor and for the possible seating of the town’s first majority-Black town council.

The settlement also will require the town to begin holding municipal elections for the first time in decades.

“This victory marks a new chapter for Newbern,” Mayor Patrick Braxton said in a statement issued by the Legal Defense Fund, which represented Braxton and other residents in a lawsuit. “I am so grateful to finally get to serve the people of Newbern. This is a win for not only me, but for all of the residents of Newbern. After decades, we will finally be able to act as citizens to cast our ballots and actively participate in the democratic process.”

Newbern, a tiny town of 133 people about 40 miles (65 kilometers) west of Selma, has a mayor-council government but did not hold elections for six decades. Instead, town officials governed through “hand-me-down” positions with the mayor appointing a successor and the successor appointing council members, according to the lawsuit filed by Braxton and others. That practice resulted in an overwhelmingly white government in a town where Black residents outnumber white residents by a 2-1 margin.

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Braxton, a Black volunteer firefighter, qualified in 2020 to run for the non-partisan position of mayor. Since he was the only person to run, he became the town’s mayor-elect. But Braxton said he, and the town council he appointed, were blocked from exercising their duties.

A lawsuit filed by Braxton and others said that existing Newbern town officials changed the locks on the town hall and refused to give Braxton the town bank account information. The lawsuit also alleged that the outgoing council held a secret meeting to set up a special election and “fraudulently re-appointed themselves as the town council.”

Town officials had denied wrongdoing. Before agreeing to settle the case, the defendants maintained in court filings that Braxton’s claim to be mayor was “invalid.”

Under the terms of the settlement, Braxton will be immediately recognized as mayor and be granted access to town hall. All other “individuals holding themselves out as town officials will effectively resign and/or cease all responsibilities with respect to serving in any town position or maintaining any town property or accounts,” according to the plan. The Newbern city council positions will be filled either by appointment or special election. The town will also hold municipal elections in 2025.

“The settlement achieves that goal the plaintiffs have always sought which is recognizing Patrick Braxton as the elected mayor of Newbern and having a town council that represents the residents of Newbern. The settlement puts an end to the practice of ‘hand me’ down government and requires the mayor and town council to hold regular elections as provided under state law,” said Richard Rouco, an attorney for the plaintiffs.